Appellate Division of the Supreme Court of the State of New York, Third Department.
We do not reach the merits of the application. The County Judge who heard the application was the District Attorney who prosecuted petitioner, and he was disqualified, in our opinion, to hear the matter (People v. Morgan, 277 App. Div. 956).
Order reversed and the matter remitted to the County Court of Chenango County for a hearing before another...
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